A three-judge panel of the 6th Circuit during Dec. 11 oral argument grappled with how to resolve a paper company’s challenge to OSHA enforcement citations where there are apparent deficiencies with the administrative law judge (ALJ) decision on appeal but potential limits on how the court can address them.
November 14, 2026
OSHA is touting its use of “letters of interpretation” over the past year as a way “to ensure the consistent and transparent application of federal workplace safety and health standards,” saying the “letters provide clear explanations that support compliance and training requirements, helping to keep America’s workers safe and healthy.”
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The labor union representing correctional officers at a federal prison in Illinois is pointing to OSHA’s recent citation of the facility for its failure to ensure employees are not inadvertently exposed to lethal drugs when opening mail, in order to highlight what it says is a potentially fatal risk at similar facilities nationwide.
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A pair of Texas produce groups is renewing an industry effort to have federal courts declare that Congress violated the nondelegation doctrine when it authorized OSHA to issue whatever workplace safety standards it deems “reasonably necessary or appropriate,” with a legal strategy that is likely to increase the chances of a Supreme Court ruling.
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The Mine Safety and Health Administration (MSHA) has announced plans to revise the Biden-era silica rule, drawing cautious optimism from industry groups that are challenging the rule in court that the changes could resolve their issues, although the groups say MSHA has not yet provided any details to be certain.
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EPA is proposing a revised occupational exposure value (OEV) for formaldehyde that shifts the focus from a chronic exposure scenario to one that aims to protect against acute effects as well as other long-term effects, such as cancer, although the revised OEV is still more stringent than OSHA’s 1992 permissible exposure limit (PEL).
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OSHA has extended through Dec. 4 the deadline for employers to respond to citations that were issued right before or during the government shutdown, explaining that shutdown days do not count toward the law’s 15-day period to contest citations.
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House Democrats on the Education and Workforce Committee are urging the Labor Department (DOL) to enforce a self-insurance rule that requires coal operators to contribute to the Black Lung Disability Trust Fund (BLDTF), raising concerns that lack of enforcement increases the risk to taxpayers and the integrity of the fund.
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Labor unions are touting an agreement they reached with one of the companies challenging worker protection requirements in the Biden-era EPA risk management rule for trichloroethylene (TCE), saying it could serve as a model to resolve other industry parties’ opposition to staying the litigation while EPA reconsiders the rule.
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Jonathan Snare was sworn in as the new chairman of the Occupational Safety and Health Review Commission (OSHRC) Nov. 24, although it is unclear when the panel will reach a quorum allowing it to hear appeals of OSHA enforcement actions that have been adjudicated by an administrative law judge (ALJ).
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